O-37-08 07-14-2008VILLAGE OF I.EMONT
ORDINANCE NO.~(~ B
AN ORDINANCE AMENDING ORDINANCE 0-68-07, AN ORDINANCE.
GRANTING PRELIMINARY PLAT APPROVAL, VARIATION TO A REAR YARD
SETBACK AND ZONING MAP AMENDMENT FOR APPROXIMATELY 6.35
ACRES LOCATED AT 1360 STATE STREET
(WALUS WOODS SUBDIVISION)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONY
THIS 14THDAY OF JULY, 2008
PUBLISHED W PAMPHLET FORM BY
AUTHORITY OF THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE
OF LEMONY, COOK, WILL AND DUPAGE
COUNTIES, ILLINOIS, THIS 14TH DAY
OF JULY, 2008
ORDINANCE NO. ' ~ ~ ` ~
AN ORDINANCE AMENDING ORDINANCE 0-68-07, AN ORDINANCE
GRANTING PRELIMINARY PLAT APPROVAL, VARIATION TO A REAR YARD
SETBACK AND ZONING MAP AMENDMENT FOR APPROXIMATELY 6.35
ACRES LOCATED AT 1360 STATE STREET
(WALUS WOODS SUBDIVISION)
WHEREAS, Mr. & Mrs. Walus, hereinafter referred to as the Petitioners, are the
owners of the subject property consisting of 6.35 acres; said parcel is located at 1360 State
Street, and is legally described in Exhibit "A" attached; and
WHEREAS, the Petitioners made application under the provisions of the Lemont
Zoning Ordinance for preliminary plat approval, variation to a rear yard setback, and zoning
map amendment from Village of Lemont R-1 Single Family Detached Residence District to
R-4 Single Family Detached Residence District; and
WHEREAS, the Village Board of Trustees approved Ordinance 0-68-07, granting
approval of said requests, on August 13, 2007; and
WHEREAS, the Petitioners prefer to delay the start of the project due to market
considerations, and have therefore respectfully requested this amendment to time constraints.
THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONY, COUNTIES OF COOK, DUPAGE
AND WILL, ILLINOIS:
shown:
Section 1: Section 4 of Ordinance 0-68-07 is amended, corrected and replaced as
From: "Section 4. The approvals shall lapse in the event the Petitioner does not
file a complete application for asite-development permit within one (1)
year of the effective date of this Agreement. "
To: "Section 4. The approvals shall lapse in the event the Petitioners do not
frle a complete application for a Final Plat of Subdivision within three (3)
years of the effective date of this Ordinance. "
Section Z: All other sections and conditions of Ordinance 0-68-07 remain as they
were at approval by the Village Board of Trustees on August 13, 2007.
2
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONY, COUNTIES OF COOK, WILL, AND
DuPAGE, ILLINOIS, on this 14th day of July, 2008.
AYES
DEBBY BLATZER , /'
PETER COULES
CLIFFORD MIKLOS
BRIAN REAVES
RON STAPLETON
JEANNETTE VIRGILIO
Attest:
NAYS ABSENT ABSTAIN
Approved by me this 14te day of July, 2008
CHARLENE M. SMOLLEN, Village Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1: THE NORTH 165.00 FEET OF THE WEST 242.50 FEET OF THE EAST
800.00 FEET OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP
37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING
TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER
269447 IN BOOK 15 OF PLATS, PAGE 49, SUBJECT TO A 33.00 FOOT EASEMENT
OVER THE NORTH 33.00 FEET OF THE AFORESAID TRACT FOR INGRESS AND
EGRESS AND UTILITIES ACCORDING TO DOCUMENT NUMBER 24995551
RECORDED JUNE 8, 1979 IN COOK COUNTY ,ILLINOIS.
PARCEL TWO: THE NORTH 165.00 FEET OF THE WEST 242.50 FEET OF THE EAST
557.50 FEET OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP
37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING
TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER
269447 IN BOOK 15 OF PLATS, PAGE 49 SUBJECT TO A 33.00 FOOT EASEMENT
OVER THE NORTH 33.00 FEET OF THE AFORESAID TRACT FOR INGRESS AND
EGRESS AND UTILITIES ACCORDING TO DOCUMENT NUMBER 24995551
RECORDED JUNE 8, 1979 IN COOK COUNTY ,ILLINOIS.
PARCEL THREE: THE NORTH 165.00 FEET OF THE EAST 315.50 FEET LOT 15 IN
COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN BOOK 15 OF
PLATS, PAGE 49, IN COOK COUNTY ILLINOIS
PARCEL FOUR: THE SOUTH 165.00 FEET OF THE NORTH 330.00 FEET OF
THE EAST 400.00 FEET (EXCEPT THE EAST 33.00 FEET THEREOF) OF LOT
15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER
269447 IN BOOK 15 OF PLATS, PAGE 49, COOK COUNTY, ILLINOIS, SAID
LOT 15 BEING THE NORTH HALF OF THE SOUTHWEST QUARTER OF
SECTION 32, COOK COUNTY, ILLINOIS.
PARCEL FIVE: THE SOUTH 350.65 FEET OF THE NORTH 515.65 FEET OF THE EAST
600.00 FEET (EXCEPT THE EAST 33.00 FEET THEREOF) OF LOT 15 IN COUNTY
CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN COOK COUNTY,
ILLINOIS, SAID LOT 15 BEING THE NORTH HALF OF THE SOUTHWEST QUARTER
OF SAID SECTION 32.
PARCEL SIX: THE EAST 100.00 FEET OF THE SOUTH 350.65 FEET OF THE NORTH
515.65 FEET OF THE WEST 200.00 FEET OF THE EAST 800.00 FEET (EXCEPT THE
SOUTH 33.00 FEET THEREOF) OF LOT 15 IN COUNTY CLERK'S DIVISION IN
SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS
DOCUMENT NUMBER 269447 IN COOK COUNTY, ILLINOIS
M:/COMMUNITY DEVELOPMENT DEPARTMENT/200 DEVELOPMENT/250 CASE FII.ES~2006126.15/ORDINANCES/WALUS ORD EXTENSION-2YRS.DOC
4
VILLAGE OF LEMONY
ORDINANCE NO
AN ORDINANCE GRANTING PRELIMINARY PLAT APPROVAL, VARIATION TO
A REAR YARD SETBACK AND ZONING MAP AMENDMENT FOR
APPROXIMATELY 6.35 ACRES LOCATED AT 1360 STATE STREET
(WALUS SUBDIVISION)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE. VILLAGE OF LEMONY
THIS 13~~ DAY OF AUGUST, 2007
PUBLISHED IN PAMPHLET FORiv1 BY
AUTHORITY OF THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE
OF LEMONY, COOK, WILL AND DUPAGE
COUNTIES, ILLINOIS,
THIS 13TH DAY OF AUGUST, 2007
AN ORDINANCE GRANTING PRELIMINARY PLAT APPROVAL, VARIATION TO
A REAR YARD SETBACK AND ZONING MAP AMENDMENT FOR
APPROXIMATELY 6.35 ACRES LOCATED AT 1360 STATE STREET
(WALUS SUBDIVISION)
WHEREAS, Albert and Anna Walus, hereinafter referred to as "the Petitioner," are the
owners of the subject property consisting of 6.35 parcels acres, located at the 1360 State Street
and legally described in Etthibit A attached depicted on Exhibit B; and
WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning
Ordinance for preliminary plat approval; and
WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning
Ordinance for a variation to reduce the required rear yard setback for Lot 14 from a minimum of
30 feet to a minimum of 25 feet; and
WHEREAS, the Petitioner made application for a zoning rnap amendment from Cook R-
4 Single-Family Residential District and Village of Lemont R-1 Single-Family Residential
District to Lemont to R-4 Single-Family Residential District; and
WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois, in
accordance with Lemont Zoning Ordinance, conducted a public hearing on the petition on August
1, 2006, January 2, 2007 and June 5, 2007 and voted 6-0 with one members absent to make a
recommendation for approval to the Village Board;; and
WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided
by law and was published in the Lemont Reporter Met, a newspaper of general circulation within
the Village; and
WHEREAS, the petitioner has submitted the Preliminary Plat of Subdivision, attached as
Exhibit C; and
WHEREAS, the said plat substantially conforms to the physical development policies
and standards of the Village of Lemont and were previously approved as part of an annexation
agreement between the Village and the petitioner;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONY, COUNTIES OF COOK, DUPAGE, AND
WILL, STATE OF 11LLINOIS, AS FOLLOWS:
Section 1. A Preliminary Plat of Subdivision, attached as Exhibit C, is hereby approved
subject to the following conditions:
1. Prior to Final Plat of Subdivision approval the Final Engineering Plan must be
reviewed and approved by the Village Engineer.
2. Prior to Final Plat of Subdivision approval the Final Landscape Plan must be
reviewed and approved by the Community Development Department.
3. Prior to Final Plat of Subdivision approval all Land/Cash Donations shall be paid in
full.
Section 2. A zoning map amendment is granted to allow the change in the zoning
classification of the parcels illustrated in the Plat of Survey and legal description attached as
Exhibit A and depicted on Exhibit B from Cook County R-4 and Village of Lemont R-1 to
Village of Lemont R-4.
Section 3. A variation to the Lemont Zoning Ordinance is hereby granted to allow a reduced
minimum rear yard setback from 30 feet to 25 feet for Lot 14 with the condition that the variation
is for the existing dwelling only and any future new construction shall comply with the existing
required rear yard setback.
Section 4. The approvals shall lapse in the event the Petitioner does not file a complete
application for a site development permit within one (i } year of the effective date of this
AGREEMENT.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONY, COUNTIES OF COOK, WILL, AND DuPAGE,
ILLINOIS, on this 13'x' day of August, 2007.
DEBBY BLATZER
PETER COULES
CLIFFORD MIKLOS
BRIAN REAVES
RON STAPLETON
dEANNETTE VIRGILIO
AYES NAYS
f
ABSENT ABSTAIN
V
Approved by me this 13t° day of August, 2007
EXHIBIT A
PARCEL 1: THE NORTH 165.00 FEET OF THE WEST 242.50 FEET OF THE EAST 800.00
FEET OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN
BOOK 15 OF PLATS, PAGE 49, SUBJECT TO A 33.00 FOOT EASEMENT OVER THE
NORTH 33.00 FEET OF THE AFORESAID TRACT FOR INGRESS AND EGRESS AND
UTILITIES ACCORDING TO DOCUMENT NUMBER 24995551 RECORDED JUNE 8, 1979
IN COOK COUNTY ,ILLINOIS.
PARCEL TWO: THE NORTH ] 65.00 FEET OF THE WEST 242.50 FEET OF THE EAST
557.50 FEET OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN
BOOK IS OF PLATS, PAGE 49 SUBJECT TO A 33.00 FOOT EASEMENT OVER THE
NORTH 33.00 FEET OF THE AFORESAID TRACT FOR INGRESS AND EGRESS AND
UTILITIES ACCORDING TO DOCUMENT NUMBER 24995551 RECORDED JUNE 8, 1979
IN COOK COUNTY ,ILLINOIS.
PARCEL THREE: THE NORTH 165.00 FEET OF THE EAST 3l 5.50 FEET LOT 15 IN
COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN BOOK 15 OF PLATS,
PAGE 49, IN COOK COUNTY ILLINOIS
PARCEL FOUR: THE SOUTH 165.00 FEET OF THE NORTH 330.00 FEET OF THE
EAST 400.00 FEET (EXCEPT THE EAST 33.00 FEET THEREOF) OF LOT 15 IN
COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE
11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN
BOOK 15 OF PLATS, PAGE 49, COOK COUNTY, ILLINOIS, SAID LOT 15 BEING
THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 32, COOK
COUNTY, ILLINOIS.
PARCEL FIVE: THE SOUTH 350.65 FEET OF THE NORTH 515.65 FEET OF THE EAST
600.00 FEET (EXCEPT THE EAST 33.00 FEET THEREOF) OF LOT 15 IN COUNTY
CLERK'S DIVISION IN SECTION 32, TOWNSHIP 3? NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN COOK COUNTY, ILLINOIS, SAID
LOT 15 BEING THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION
32.
PARCEL SIX: THE EAST 100.00 FEET OF THE SOUTH 350.65 FEET OF THE NORTH
515.65 FEET OF THE WEST 200.00 FEET OF THE EAST 800.00 FEET (EXCEPT THE
SOUTH 33.00 FEET THEREOF) OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION
32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT
NUMBER 269447 IN COOK COUNTY, ILLINOIS.
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